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Preparing for Bankruptcy

Filing bankruptcy requires that you pull together documentation of your financial circumstance. Your attorney will review your documents to help determine your qualification for bankruptcy. Under Chapter 7 bankruptcy, you are required to provide a completed Bankruptcy Questionnaire listing all of your assets, liabilities (debts), income and expenses. You also will need to provide pay stubs and records of all income earned (or given) in the six months prior to your bankruptcy petition.

A Chapter 7 filing also requires that you prove your income meets the requirements of the Means Test and/or The Totality of Circumstances Test.

You will be asked to disclose evidence of your monthly gross income and details of any expected increases or decreases in income or expenses. You may be asked to provide your income tax returns for the past two years; and you may be required to file any outstanding tax returns before filing for bankruptcy.

In addition you will need to certify that you have completed both credit counseling courses within 180 days before filing your bankruptcy petition. You also will be required to attend a mandatory Meeting of Creditors, after which you will have 45 days to attend a federally-mandated financial management course, either in person or online.

Be sure to provide your attorney and the bankruptcy trustee with your photo identification and any other documentation specifically requested by the Court.

For legal advice on your case and circumstances, be sure to consult a qualified attorney.